Article II and the Growth of the American Presidency with John Yoo
As presidential power has expanded over time, questions about the limits of executive authority under Article II of the Constitution have become increasingly important. Modern administrations—across parties—have tested these boundaries through both foreign and domestic policy decisions, prompting ongoing debate about the scope of the presidency.Legal scholar John Yoo will join us in conversation with Baker Institute fellow in Political Science Mark P. Jones to explore the evolution of executive power through a constitutional lens. The discussion will examine the constitutionality of the Trump Administration’s policies in comparison with those of prior presidencies, placing recent actions within a broader historical and legal context.This event is co-sponsored by the Baker Institute Student Forum and the American Enterprise Institute.
Constitutionalism

Amicus Brief: Hon. William P. Barr and Hon. Michael B. Mukasey in Support of Petitioners
Former AGs Barr and Mukasey Cite Civitas in a SCOTUS Brief

Rational Judicial Review: Constitutions as Power-sharing Agreements, Secession, and the Problem of Dred Scott
Judicial review and originalism serve as valuable commitment mechanisms to enforce future compliance with a political bargain.

State Courts Can’t Run Foreign Policy
Suncor is also a golden opportunity for the justices to stop local officials from interfering with an industry critical to foreign and national-security policy.

Struck By Lightning Fifty Years Later: The Court’s Broken Promise on the Death Penalty
The Supreme Court has become the source of the very arbitrariness it set out to eliminate.

The Curse of 'Penn Central'
A Supreme Court that has undone Roe v. Wade and Chevron should be willing to remove the curse of Penn Central.


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